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Surrogacy in Quebec: The law doesn't protect anyone

Surrogacy in Quebec: The law doesn't protect anyone
From Global News - September 7, 2017

Melanie Parnass one-year-old baby boy wouldnt be here today if it wasnt for surrogacy.

The 37-year-old had been trying for six years to have a child, and one day decided she couldnt go through another miscarriage.

She turned to surrogacy, and after she failed to find someone independently, she turned to agencies in Ontario.

She selected a surrogate in Oshawa, and after meeting the woman decided to start the process.

I shipped my embryos from Montreal to Toronto and had to pay the clinic there, she explained.

Almost one year later, littleSpencer Jonah Ryder Katz was born.

Its a hard process. Emotionally, youre putting your trust in someone else, she said.


Melissa Fafard became a surrogate after her friend asked if she would help her create a life.

Her friend ended up changing her mind, but it sparked something in Fafards mind.

The 34-year-old joined Surrogacy in Canada Online to be placed with a family in need.

They send you profiles of parents looking for a surrogate, then you choose the couple, Fafard said, adding that she picked a couple from France.

My ultimate goal was, after having my own son, I wanted to give couples the chance that had been trying really hard to have their own children.

Surrogates in Canada must be over the age of 21.

READ MORE:Canadian sperm donors dont get paid, so why would they donate?

They cannot charge for their services, but they can keep track of their expenses to give to the couple they are in contract with.

In Quebec, however, according to Educaloi, a surrogacy contract has no legal value.

WATCH BELOW: Surrogacy stories across Canada

There is no guarantee that a couple who hires a surrogate mother will be the childs legal parents, explained Diane Skiejka, with Educaloi.

In the eyes of the law, the surrogate mother is the childs real mother, regardless of whether she is genetically related to the child.

READ MORE:Searching for bio-siblings: Families of same sperm donor babies connect online

That means the intended parents would have to adopt the childand thats where things can get tricky.

Neither the surrogate mother, nor her clients can be forced, to honour it (the contract),Skiejka said.

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